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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice S.Sounthar, J
Manager, United India Insurance Company Limited – Appellant
Versus
Krishnakumari – Respondent
JUDGMENT :
For the sake of convenience, the parties are referred as per their ranks in the claim petition.
2. These appeals are filed by the claimants as well as Insurance company questioning the quantum of compensation.
3. It is not in dispute that the husband of the first claimant and father of the claimants 2 to 4 namely Thangaraju died in a road accident that had taken place on 10.11.2015 involving Toyota car belongs to the first respondent insured with the second respondent.
4. It is the specific case of the claimants that the driver of the car belonging to the first respondent came in a rash and negligent manner and dashed against the two wheeler driven by the deceased Thangaraj. Therefore, the claim petition was filed seeking compensation of Rs.90,00,000/-.
5. The claim petition was opposed by the second respondent/Insurance Company by denying the manner of accident as averred in the claim petition. The first respondent/owner of the vehicle remained ex-parte before the Tribunal.
6. Based on the evidence available on record, the Tribunal came to the conclusion that the accident had occurred only due to the rash and negligent driving of the driver of the first respondent car bearing
Family pension should not be deducted from compensation in motor accident claims, and dependants must be established based on evidence.
Family pension is not a pecuniary advantage related to accidental death and should not be deducted from compensation awarded under the Motor Vehicles Act.
Compensation awarded under the Motor Vehicles Act must reflect just compensation for losses, including reliance on established principles regarding earnings and pensions without deductions for pensio....
Point of law: As per language of Section 166 of Motor Vehicles Act, the legal representatives who are non-dependants could also lay claim for payment of compensation by making application under Secti....
The court established that multiplier for compensation depends on the accurate assessment of the deceased's age and clarified that family pension cannot be included as income for loss of dependency.
The court clarified compensation principles under motor accident claims, emphasizing adjustments based on income, age, and judicial precedents for quantifying damages.
Major children can claim compensation as dependents of a deceased parent, regardless of their financial independence.
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